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The Law Portal

Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a group legislature or by a single legislator, resulting in statutes; by the executive through decrees and regulations; or established by judges through precedent, usually in common law jurisdictions. Private individuals may create legally binding contracts, including arbitration agreements that adopt alternative ways of resolving disputes to standard court litigation. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and also serves as a mediator of relations between people.

Legal systems vary between jurisdictions, with their differences analysed in comparative law. In civil law jurisdictions, a legislature or other central body codifies and consolidates the law. In common law systems, judges may make binding case law through precedent, although on occasion this may be overturned by a higher court or the legislature. Historically, religious law has influenced secular matters and is, as of the 21st century, still in use in some religious communities. Sharia law based on Islamic principles is used as the primary legal system in several countries, including Iran and Saudi Arabia.

The scope of law can be divided into two domains: public law concerns government and society, including constitutional law, administrative law, and criminal law; while private law deals with legal disputes between parties in areas such as contracts, property, torts, delicts and commercial law. This distinction is stronger in civil law countries, particularly those with a separate system of administrative courts; by contrast, the public-private law divide is less pronounced in common law jurisdictions. (Full article...)

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Selected article

The engraving of a painting depicts a pensive looking John Coleridge. He wears judicial robes, a judge's wig, and has a large chain around his neck.

The chief justice of the common pleas was the head of the Court of Common Pleas, also known as the Common Bench, which was the second-highest common law court in the English legal system until 1875, when it, along with the other two common law courts and the equity and probate courts, became part of the High Court of Justice. As such, the chief justice of the Common Pleas was one of the highest judicial officials in England, behind only the lord high chancellor and the lord chief justice of England, who headed the King's Bench (Queen's when the monarch was female). (Full article...)

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Selected biography

Sir Aubrey Melford Steed Stevenson, PC (17 October 1902 – 26 December 1987), usually known as Sir Melford Stevenson, was an English barrister and, later, a High Court judge, whose judicial career was marked by his controversial conduct and outspoken views.

After establishing a legal career in the field of insolvency, Stevenson served during the Second World War as a Deputy Judge Advocate General of the Armed Forces. He was subsequently Judge Advocate at the 1945 war crimes trial of former personnel of the German submarine U-852 for their actions in what became known as the Peleus affair. In 1954 Stevenson represented the government of British Kenya during Jomo Kenyatta's unsuccessful appeal against his conviction for membership of the rebel organisation Mau Mau. Later that year he represented the litigants in the Crichel Down affair, which led to changes in the law on compulsory purchase. In 1955 he defended Ruth Ellis, the last woman to be executed for murder in the United Kingdom. He was deeply distressed by the execution of Ellis, for whom there had been no defence in law, but whom Home Secretary Gwilym Lloyd George was expected to reprieve. Two years later, Stevenson took part in the unsuccessful prosecution of John Bodkin Adams for the murder of Edith Alice Morrell.

Stevenson became a High Court judge in 1957, and acquired a reputation for severity in sentencing. He sentenced the Kray twins to life imprisonment in 1969, with a recommendation that they serve not less than 30 years each. In 1970 Stevenson passed long sentences on eight Cambridge University students who took part in the Garden House riot, and the following year gave Jake Prescott of the Angry Brigade 15 years for conspiracy to cause explosions.

One of his fellow judges, Sir Robin Dunn, described him as "the worst judge since the war". After Dunn's attack, several high-profile legal figures came to Stevenson's defence, among them fellow judge and biographer Lord Roskill, who pointed out that Stevenson could be merciful to those he regarded as victims. Lord Devlin described Stevenson as the "last of the grand eccentrics". Mr Justice Stevenson retired from the bench in 1979 aged 76, and died at St Leonards in East Sussex on 26 December 1987. (Full article...)

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Selected statute

A statute is a formal written enactment of a legislative body, a stage in the process of legislation. Typically, statutes command or prohibit something, or declare policy. Statutes are laws made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, regulations issued by government agencies, and oral or customary law.^{[better source needed]} Statutes may originate with the legislative body of a country, state or province, county, or municipality. (Full article...)

The Ordinances of 1311 (The New Ordinances, Norman: Les noveles Ordenances) were a series of regulations imposed upon King Edward II by the peerage and clergy of the Kingdom of England to restrict the power of the English monarch. The twenty-one signatories of the Ordinances are referred to as the Lords Ordainers, or simply the Ordainers. English setbacks in the Scottish war, combined with perceived extortionate royal fiscal policies, set the background for the writing of the Ordinances in which the administrative prerogatives of the king were largely appropriated by a baronial council. The Ordinances reflect the Provisions of Oxford and the Provisions of Westminster from the late 1250s, but unlike the Provisions, the Ordinances featured a new concern with fiscal reform, specifically redirecting revenues from the king's household to the exchequer.

Just as instrumental to their conception were other issues, particularly discontent with the king's favourite, Piers Gaveston, whom the barons subsequently banished from the realm. Edward II accepted the Ordinances only under coercion, and a long struggle for their repeal ensued that did not end until Earl Thomas of Lancaster, the leader of the Ordainers, was executed in 1322. (Full article...)

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Did you know...

... that Dutch physician Aletta Jacobs′ legal challenge to be added to the Amsterdam electoral rolls backfired, leading to a constitutional amendment granting voting rights only to men?

... that in English law, legal relations created in a social context are not considered binding?

... that in 2011, Argentinian lawyer Elsa Kelly (pictured) was appointed the first women judge on the International Tribunal for the Law of the Sea?

... that the English Statute of Enrolments, believed to have been emergency legislation, contains no preamble and was drafted by the Clerk of the House of Commons rather than a legislator?

... that when Henry McCardie was a barrister, he often worked so late that his chambers were nicknamed "the lighthouse", as there was light coming from the windows?

... that the diaries of James Humphreys, the "Emperor of Porn", were used to convict 13 policemen of accepting his bribes?

... that a kidney transplantation scandal led to a 2011 amendment to the law on organ donation in India?

More did you know facts

Selected images

Image 1Statue of Lady Justice holding scales
Image 2The Langdell Library of Harvard Law School
Image 3The Constitution of India
Image 4Jawaharlal Nehru at the Allahabad High Court
Image 5Chief Justice John Marshall (1755 – 1835), an American statesman and jurist who greatly influenced constitutional law'
Image 6King Hammurabi receiving the code of laws from the Mesopotamian sun god Shamash
Image 7Jeremy Bentham's writings influenced law for generations.
Image 8The defendants sitting in the dock during the Nuremberg Trials
Image 9Emperor Justinian I (527–565) of the Byzantine Empire who ordered the codification of Corpus Juris Civilis.
Image 10A courtroom in Tokyo, Japan
Image 11Justices of the Supreme Court of the United States as of October 2020
Image 12Legal systems of the world
Image 13The first Supreme Court of Puerto Rico
Image 14Signing of the Magna Carta
Image 15Painting of a jury deliberating

Selected case

Case law, also used interchangeably with common law, is a law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called "case law", or precedent. Stare decisis—a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions. (Full article...)

The slightly battered black and white photograph depicts Wong Kim Ark facing directly towards the camera. He has a round face, short receding hair and is wearing a jacket with a standing collar and rounded edges

United States v. Wong Kim Ark, 169 U.S. 649 (1898), was a landmark decision of the U.S. Supreme Court which held that "a child born in the United States, of parents of Chinese descent, who, at the time of his birth, are subjects of the Emperor of China, but have a permanent domicile and residence in the United States, and are there carrying on business, and are not employed in any diplomatic or official capacity under the Emperor of China", automatically became a U.S. citizen at birth. This decision established an important precedent in its interpretation of the Citizenship Clause of the Fourteenth Amendment to the Constitution.

Wong Kim Ark, who was born in San Francisco in 1873, had been denied re-entry to the United States after a trip abroad, under the Chinese Exclusion Act, a law banning virtually all Chinese immigration and prohibiting Chinese immigrants from becoming naturalized U.S. citizens. He challenged the government's refusal to recognize his citizenship, and the Supreme Court ruled in his favor, holding that the citizenship language in the Fourteenth Amendment encompassed the circumstances of his birth and could not be limited in its effect by an act of Congress.

The case highlighted disagreements over the precise meaning of one phrase in the Citizenship Clause—namely, the provision that a person born in the United States who is "subject to the jurisdiction thereof" acquires automatic citizenship. The Supreme Court's majority concluded that this phrase referred to being required to obey U.S. law; on this basis, they interpreted the language of the Fourteenth Amendment in a way that granted U.S. citizenship to children born of foreigners (a concept known as jus soli), with only a limited set of exceptions mostly based in English common law. The court's dissenters argued that being subject to the jurisdiction of the United States meant not being subject to any foreign power—that is, not being claimed as a citizen by another country via jus sanguinis (inheriting citizenship from a parent)—an interpretation which, in the minority's view, would have excluded "the children of foreigners, happening to be born to them while passing through the country". (Full article...)

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See also: Lists of case law

More Did you know (auto-generated)

... that Freedom of Religion South Africa filed an unsuccessful lawsuit to keep child spanking legal?
... that many of the traditional Lakota ceremonies performed at the Sitting Bull Crystal Cavern Dance Pavilion were still illegal under federal law during the show's first years?
... that since being left vacant the grade II–listed Occleshaw House in Leyland, Lancashire, has been used as an illegal cannabis farm and suffered a suspected arson attack?
... that as part of illegal wildlife trading, Oophaga solanensis frogs are bought for US$3 in their native Colombia and sold for up to US$1,000 overseas?
... that, before same-sex unions were legally recognised in the UK, the London Partnership Register allowed nearly 1,000 couples to celebrate their relationships?
... that "illegal operation" was a common euphemism for abortion in early-20th-century North American newspapers?

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General images

The following are images from various law-related articles on Wikipedia.

Image 1Thomas Aquinas was the most influential Western medieval legal scholar. (from Jurisprudence)
Image 2Image of pages from the Decretum of Burchard of Worms, an 11th-century book of canon law (from Canon law)
Image 3Bentham's utilitarian theories remained dominant in law until the twentieth century. (from Jurisprudence)
Image 4Lady Justice (Latin: Justicia), symbol of the judiciary. Statue at Shelby County Courthouse, Memphis, Tennessee (from Judiciary)
Image 5Philosophers of law ask "what is law, and what should it be?" (from Jurisprudence)
Image 6Corpus Iuris Civilis, 1607 (from Judiciary)
Image 7Oliver Wendell Holmes was a self-styled legal realist. (from Jurisprudence)
Image 8Aristotle, by Francesco Hayez (from Jurisprudence)
Image 9Plato (left) and Aristotle (right), a detail of The School of Athens (from Jurisprudence)
Image 10King John of England signs the Magna Carta (from Legal history)
Image 11Gratian (from Judiciary)
Image 12The Supreme Court Building houses the Supreme Court of the United States, the highest court in the federal judiciary of the United States. (from Judiciary)
Image 13Mill believed law should create happiness. (from Jurisprudence)
Image 14The Constitution of India is the longest written constitution for a country, containing 444 articles, 12 schedules, numerous amendments and 117,369 words (from Legal history)

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